TELUGU BANJIGARA THAMMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In the present appeal disposed off on 8th May, 2018, the present application I.A.1/2020 accompanied by the memorandum of facts is filed under the provisions of Section 482 Cr.P.C., by the learned Counsel for the appellants-accused seeking to alter the sentence dated 7.7.2012 imposed in S.C.No.40/2008 by the learned District and Sessions Judge at Kodagu, Madikeri to run concurrently instead of consecutively in the interest of justice.

(2.) In the application, it is submitted that the trial Court convicted the appellants-accused and sentenced them to undergo imprisonment for life with fine of Rs.10,000/- for the offence punishable under Section 302 of the Indian Penal Code (for short, hereinafter referred to as 'IPC') and rigorous imprisonment for two years with fine of Rs.3,000/- for the offence punishable under Section 201 of IPC with default clauses. Aggrieved by the said judgment of conviction and order of sentence, the accusedappellants preferred this criminal appeal which was dismissed on 8.5.2018 as being devoid of merits.

(3.) It is further contended in the application, that the appellants-accused are in prison since 2007 and they are in custody for more than 12 years. They are now listed for release on their good conduct and hence, the jail authorities have sought for clarification from the District Court as to how the sentence part is to be considered for which the Principal District and Sessions Court by its orders dated 13.11.2020 and 15.6.2020 has given a clarification stating that the sentences have to be treated as consecutively instead of concurrently.